- AGE REQUIREMENT
Merchandise on this Website may only be purchased by adults of age 18 or older, whether resident in Italy, in the European Union or outside of the European Union, as provided by rules and regulations on the age of majority impacting the Customer. It is the Customer’s responsibility to ensure that they are of age in relation to the applicable laws.
The images of the products on our Website are for illustrative purposes only. Although ART.OR. has made every effort to display the colours and dimensions accurately, ART.OR. cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. The products the Customer receives may vary slightly from those images. Accordingly, ART.OR. shall not be liable for any error or inaccuracy in the photographs or graphical representations of ART.OR. products displayed on the Website. If the Customer has any questions about the products, they may contact the customer service department by emailing email@example.com, calling +39 02 875 154 or through the “Contact Us” section of the Website.
Orders may be placed for personal use only, any commercial use excluded. ART.OR. has the right to cancel any order placed by the Customer in the event they have been involved in a dispute concerning a prior order, or if ART.OR. has reasonable grounds to suspect that the Customer has violated these Terms and Conditions of Sale, or are or appear to be engaged in fraudulent activities or appear to be purchasing products other than for personal use as permitted by these Terms and Conditions of Sale. ART.OR. has the right to refuse any order at its discretion.
- PLACING AN ORDER: OFFER AND ACCEPTANCE
In order to process the order placed through the Website, the Customer must select the product they wish to buy and click the “Add to Cart” button. The selected products will then be included in the “Cart”. Once all desired products are in the Cart the Customer may proceed by clicking the “Proceed to Checkout” button. The order can be placed by filling out the order form, confirming the preferred delivery and payment method and affirmatively accepting these General Terms and Conditions of Sale. The system allows the Customer to checkout as a guest, and therefore no prior registration is required. However, all necessary identifying factors including an email address and telephone number must be provided by the Customer at checkout. This email address shall be the email to which the order confirmation and all sale related documents shall be sent. Prior to the final confirmation of the order, the Customer has the opportunity to verify the details of the order, including product descriptions, transport and delivery costs, and in some cases customs duties and taxes, and the total price. It is the Customer’s responsibility to check that the information displayed in the Cart accurately reflects the Customer’s selection before confirming the order. Once all information is verified, the Customer shall validate that all such details are correct. The Customer is then required to complete the checkout process by clicking the “Place Order” button. At this stage, the order is submitted to ART.OR.
After placing an order, within twenty-four (24) hours, the Customer will receive an automatic e-mail from ART.OR. acknowledging that the order has been received. Please note that clicking the “Place Order” button does not mean that your order has been accepted and purchase completed. The placement of an order constitutes an offer to ART.OR. to buy a Product. Until ART.OR. confirms its unequivocal acceptance of the offer, there is no binding contract between ART.OR. and the Customer, and therefore ART.OR. shall have no corresponding requirement to supply the goods ordered by the Customer.
ART.OR. reserves the right to change the assortment of items offered on the Website from time to time without prior notice to the customers. ART.OR. will not be liable if any product is out of stock or otherwise unavailable.
In the circumstance that any product you select becomes unavailable after we send an Order Confirmation, including but not limited to the following reasons: (a) lack of supply of the good, (b) mistake in calculation of the price on the Website, (c) mistake in online price indication, (d) system error, the customer service will inform you by phone or e-mail as soon as possible. The Customer will have the option to wait for the merchandise to be available again, choose another product or cancel the order, unless the order which was made was a multiple order, in which case the customer service will inform you by phone or email of which part of the order will still be shipped. You will only be charged for the part of the order which is shipped and may then choose to cancel the unavailable product or choose another product to replace the unavailable product, which will be processed as a separate order.
- PRICES AND PAYMENTS
The prices of ART.OR. products are indicated in EURO and U.S. dollars. Prices in EURO are inclusive of the VAT. While prices in USD exclude taxes. Non-European Union Customers will be solely responsible for custom duties and taxes in their own country.
ART.OR. reserves the right to modify the price of products offered on the Website at any time without prior notice. The Customer will be charged the prices displayed on the Website at the time the order was confirmed by the Customer by clicking on the “Place Order” button.
ART.OR. reserves the right to correct any errors or inaccuracies on the Website or to cancel orders if any such information is inaccurate.
Subject to availability as noted above, the Customer is obligated to pay for any order placed on the Website immediately upon clicking the “Place Order” button. The amount of the purchase price of the products ordered by the Customer will be blocked on the Customer’s credit or debit card but the credit or debit card will only be charged upon shipment of the products. We only accept payment by credit and debit cards. We accept the following credit and debit cards: American Express®, MasterCard – Maestro®, Visa®, Diners® and JCB®. The Customer’s credit or debit card will only be charged when the order is dispatched. If any of the products in the order is unavailable, ART.OR. will only charge the price, taxes and shipping costs for the products available.
Products ordered by the Customer will remain the property of ART.OR. until ART.OR. has received full payment. If there is any problem with the Customer’s payment the order will be immediately cancelled. If a problem with payment arises after the shipment, the Customer is responsible to return the goods received from ART.OR. immediately upon request.
- ORDER CONFIRMATION
Upon successful payment of the purchase price by the Customer, ART.OR shall, for each valid and accepted order, send the customer an order confirmation (hereinafter referred to as the “Order Confirmation”) via e-mail, including (a) the invoice corresponding to the purchase, (b) sales conditions applicable to the online purchase which shall include these General Terms and Conditions of Sale (c) essential characteristics and quantity of the purchased product, (d) detailed information about price and payment, (e) shipping costs if any, (f) any known tax payable by the final user (g) cancellation policy. This Order Confirmation constitutes the acceptance of the Customer’s order by ART.OR, thereby indicating the existence of a binding sales contract. A separate e-mail will be sent when the goods are ready for shipping, with all data about the purchase, the shipment (including tracking number) and delivery.
- SHIPPING AND DELIVERY
Upon successful payment, all orders, once accepted by ART.OR, shall be shipped within two (2) business days after the date of the Order Confirmation. (Saturdays, Sundays and public holidays are considered non-working days). Deliveries to addresses within Italy and the European Union will generally be within 4 to 7 business days from the shipping date. Deliveries to addresses outside the European Union will generally be within 6 to 12 business days from the shipping date.
At Christmas time and in the month of August shipping may be slightly delayed due to causes or circumstances not within our control. Where there are foreseeable delays, Customer service will reach out to the Customer. There are no shipping charges for orders delivered within Italy and in the European Union. For countries outside the European Union, ART.OR. reserves the right to charge for shipping costs. In this case shipping costs will be paid by the Customer.
- CUSTOMS DUTIES AND TAXES
The Customer shall be responsible for compliance with applicable laws and regulations regarding payment of all taxes and duties (hereinafter referred to as “Taxes”) and for the declaration of goods in their state or country of residence and/or delivery. For the avoidance of doubt, ART.OR. takes no responsibility for any such costs, related or otherwise, or for any related delays. ART.OR. shall collect applicable Taxes if ART.OR. in its sole discretion determines it has a duty to collect such Taxes. An estimate of any such Taxes will be collected at checkout or after the customer has completed the checkout process, at the sole discretion of ART.OR. The tax amount charged may be adjusted from the amount shown at checkout. Several factors may cause this adjustment, such as variances between processor programs and changes in rates of Taxes. ART.OR. shall not be held liable for the difference of the said amount. The Customer shall bear full responsibility for any such difference.
- REFUNDS, RETURNS AND CANCELLATIONS
ART.OR. shall indicate the estimated delivery date of the purchased items and shall use reasonable endeavours to respect them; where the product is not delivered for any reason, (for example for a temporary lack of stock), the Customer shall, within thirty (30) calendar days from the purchase of the merchandise on the website, have the option to withdraw from the contract. However, the Customer shall not have the option to withdraw from the contract for custom orders or for orders of merchandise not in stock, where the Customer had clearly been notified of the longer delivery date by our e-commerce team. Such withdrawal shall be notified in writing to the e-commerce team. The e-commerce team shall acknowledge receipt of the same and communicate such acknowledgement to the Customer. ART.OR. shall then provide for the reimbursement of the sums already received. In case of non-delivery due to the absence of the recipient, the goods will be returned to ART.OR, and upon agreement with the Customer, a redelivery shall be arranged. If the recipient shall be absent a second time, the package shall be returned to ART.OR, which will result in a cancellation of the order. Please note that the Customer will be charged for both redelivery and return shipping costs, as the case may be.
In order to ensure your total satisfaction, the Customer may return merchandise, which has not been customized, for a refund or exchange, within fourteen (14) calendar days from the date of delivery, by clearly informing ART.OR. of the Customer’s intention to do so via registered mail to ART.OR. S.r.l. Via M. Gonzaga 5, 20123 Milan, Italy. In addition to the registered mail the Customer must contact ART.OR. via e-mail firstname.lastname@example.org or at +39 02 875 154 to receive all necessary information regarding the return process, repackaging and shipping of the merchandise.
KRISONIA products must be returned in a new and unused state, in perfect condition, with all protective materials in place, transparent protective film, tags and stickers attached to them (if applicable), as well as with the original KRISONIA box and delivery package, including all accessories and documents. ART.OR. will not accept any return if the product shows signs of wear, or has been used or altered from its original condition in any way. All returns will be subject to strict Quality Control to ensure that the returned products satisfy these requirements. If the products do not meet our Quality Control standards, ART.OR. will refuse the return, and the products will be sent back to the Customer. If the returned product satisfies Quality Control, ART.OR. will proceed with the applicable refund or exchange.
ART.OR. is extremely cautious in ensuring that each product strictly complies with our quality criteria and that it has passed all our Quality Controls, both technical and aesthetic.
If nevertheless the Customer receives a product that seems to be damaged or defective, the Customer may return the product back to ART.OR. in accordance with the return policy. Upon receipt, ART.OR. may classify the returned product as a defective product. Please note that items that are damaged as a result of wear and tear are not considered to be defective and therefore the return will be refused.
If your product is declared as defective by ART.OR.’s Quality Control, the following solutions will be proposed to the Customer: (a) ART.OR. may replace the damaged or defected product with the same product in the exact same size (subject to availability), (b) ART.OR. may propose an exchange for another KRISONIA creation of equivalent or higher value, in which case the initial price will be deducted and you will be required to pay only the difference, (c) the Customer may request a refund of the full price.
The customer will be solely responsible for the return shipping costs. Return shipping costs will be deducted from the refund. The Customer must use a courier chosen by ART.OR. and following all indications and instructions of the e-commerce team. The Customer must keep a proof of return shipment and tracking number, and ART.OR. accepts no liability in the event that such proof cannot be produced. Only merchandise received by ART.OR. will be eligible for a refund or exchange.
For repair inquiries and assistance, please contact our Customer Service at email@example.com or at +39 02 875 154
- AUTHENTICITY GUARANTEE
ART.OR. guarantees the authenticity of all products purchased through the Website. All merchandise sold on the Krisonia Website are accompanied by a certification of guarantee, that confirms authenticity and describes essential features of the purchased merchandise.
The Customer may be entitled to certain statutory warranties including a warranty that the products supplied to the Customer are conform to the Customer’s contract with ART.OR. or are otherwise defective. Warranty is deemed invalid if the Customer uses the purchased item in an improper way. All wear and tear of the purchased item is not covered by warranty. Accessories of the purchased goods that can be damaged by decay, use and time are out of warranty.
- FORCE MAJEURE
The performance by ART.OR. of some or all of its obligations shall be suspended in full or in part if the timely fulfilment of the obligations arising from these general conditions of sale is not possible due to circumstances beyond its control, for example cause of due to force majeure or state of necessity (natural disasters, war, fires, explosions, floods, interruption of telematics services). ART.OR shall endeavour to inform the Customer of such event, but in the event such notification is not reasonably possible, the fact of the event itself is sufficient to trigger the suspension of performance.
- APPLICABLE LAW AND JURISDICTION
These General Terms and Conditions of Sale are governed by and interpreted in accordance with the laws of Italy. Where any dispute cannot be resolved amicably, it shall be submitted to the jurisdiction of the Courts of Italy. If the Customer wishes to proceed with a conciliatory and non-judicial procedure, he has to make express reference to art. 141 of the “codice del consumatore”
- LIMITATION OF LIABILITY AND WAIVER
Subject to the provisions specific to online sales and the applicable consumer law, ART.OR cannot be held liable for any damage, whether direct or indirect, arising from use of the Website. ART.OR further does not guarantee that the content of the Website is appropriate or available for use in every country of the world. Customers should ensure compliance with the regulations applicable in their country, on the understanding that access to the content of the Website could possibly be considered illegal for certain persons or in certain countries.
Any waiver by ART.OR of the right to claim infringement of any one of the provisions of the General Terms and Conditions shall not be construed as a waiver of the right to claim infringement of any other provision of the said General Terms and Conditions.
Such limitation of liability shall be applicable to the fullest extent permitted by law.
If any provision of this agreement is determined to be unlawful, void or unenforceable, such provision shall be deemed removed and the remaining provisions of the agreement shall continue to be fully valid, binding, and enforceable.
- DATA PROTECTION
All customer data gleaned from the collection of customer data for the purposes of payment, verification, delivery or otherwise shall be used for those specific purposes and such data shall be protected in accordance with the relevant laws of the European Union.
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